December 25th 2024.
Jacqueline Herling was recently awarded over £9,000 in compensation after taking her husband to court for terminating her employment at their jointly-run pub. The couple, who had been together for 19 years, had been working together at the pub when Jacqueline discovered CCTV footage revealing her husband's affair with another employee.
According to the employment tribunal, Stefan had been having a relationship with a fellow chef at the pub, which was described as "very successful". This discovery left Jacqueline devastated and she made it clear that she would no longer set foot in the pub. She also reduced her work to occasional duties, such as chopping logs, mowing the lawns, and running errands to Costco.
Despite the affair, Jacqueline continued to receive her salary for four months until her husband secretly issued her a P45 without her knowledge. This led to a legal battle in which Jacqueline successfully sued her husband and the family company for unfair and wrongful dismissal, unauthorised pay deductions, and victimisation. The tribunal awarded her a total of £9,676 in compensation.
In 2003, Jacqueline started working part-time at The Beehive Inn in Combs, Derbyshire, and eventually began a relationship with Stefan in 2005. The couple had their first child in 2007 and got married the following year. They also lived above the pub and ran it together, with Jacqueline receiving a nominal tax-free salary of £9,000 per year.
The tribunal heard that on May 30, 2022, Jacqueline confronted her husband about the affair. Despite the revelation, she did not immediately leave the pub and continued to help out with occasional duties. However, in July, she began divorce proceedings and her husband's accountant advised that she could not be paid a salary if she was no longer working at the pub. This led to her receiving a P45 in October, which her husband only informed her about in November when she questioned why she hadn't received her previous month's pay.
The tribunal found that Jacqueline was unfairly dismissed in November when she was informed about the P45 and was owed a month's pay for the time when the couple could have discussed their arrangements further. In their defense, Stefan and the family business claimed that Jacqueline had resigned when she found out about the affair and had stated that she would never return to the pub. However, the tribunal dismissed this claim, stating that she was simply upset and had made rash statements in the heat of the moment.
Overall, the tribunal concluded that Jacqueline was unfairly dismissed and awarded her a month's pay in compensation. They also highlighted the importance of open communication and discussing arrangements in situations like this.
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